IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
January 6, 2011
PENNSYLVANIA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 6th day of January, 2011, upon consideration of the Report and Recommendation of the Honorable J. Andrew Smyser (Doc. 32), recommending that the claims in the amended complaint as to all defendants be dismissed, except for the Eighth Amendment claim against defendant Shiptoski, and, following an independent review of the record, and noting that plaintiff filed a "Motion to Submit Objections" on December 16, 2010 (Doc. 39), and the court will construe said Motion (Doc. 39) as objections*fn1 to the Report, and the court finding Judge Smyser's analysis to be thorough and well-reasoned, and the court finding plaintiffs' objections to be without merit and squarely addressed by Judge Smyser's report, it is hereby ORDERED that:
1. The Report and Recommendation of Magistrate Judge Smyser (Doc. 32) is ADOPTED in its entirety.
2. The claims in the amended complaint, as to all defendants, are DISMISSED, except for the Eighth Amendment claim against defendant Shiptoski
3. The above-captioned case is REMANDED to Magistrate Judge Smyser for further proceedings.
CHRISTOPHER C. CONNER United States District Judge